Ask an Immigration Lawyer. Get an Answer ASAP.
So honestly, I would not even try. The chances of her getting in are slim and the chances are high of her being denied entry and given a 5 year exclusion penalty or permanent penalty which means that she would have to apply for a waiver to come back. The risk of the 5 year or permanent penalty is if she tries to lie to them about her intention. So again, I would not risk this. I am truly sorry. I know it is inconvenient, I know you want to be together quicker than later, but I would play it safe.
Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!
Thank you so much Atty. Senmartin. I have some follow up questions if you dont mind.
1.) We already purchased a roundtrip ticket for her. Can she still travel to the USA in September, just for a month or 2 vacation without even considering filing for AOS even if PD is already current as per your excellent advise?
2.) What are the chances that immigration officer/s at the port of entry wont allow her to come in? Would that mean she will be returned to our homecountry immedietly?
Thank you so much. We would not want to make any drastic mistake at this point. We would rather wait for her Greencard to come the usual way than filing for AOS then.
Thanks Atty. Having said so, should we just wait for the F2A Priority Date to retrogress before she can visit me here, that way she can be admitted to USA without doubt that she'll be filing for AOS? In my understanding, her having the tourist visa on hand has no guarantee that she will be allowed in at the port of entry?
A little bit confused where the denial risk will set in..whether at the port of entry or upon filing the aos.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).